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UNITED STATES v. ZENITH-GODLEY COMPANY

180 F.Supp. 611 (1960)

UNITED STATES of America, Plaintiff, v. ZENITH-GODLEY COMPANY, Inc.; J. R. Kramer, Inc.; Carl Ahlers, Incorporated; S & W Waldbaum, Incorporated; W. W. Elzea, Incorporated; Dari-Best Butter Company, Incorporated; Llewellyn Watters, Jr., Llewellyn Watts, III, d/b/a Watts & Sons; and Francis E. Walton, Thomas G. Corcoran, John Hunter Walton, Henry A. Walton and Elmer J. Reilly, d/b/a Hunter, Walton and Co., Defendants.

United States District Court. S. D. New York.

February 8, 1960.

Attorney(s) appearing for the Case

S. Hazard Gillespie, Jr., U. S. Atty., Southern Dist. of New York, New York City, for plaintiff, by Myron J. Weiss, Asst. U. S. Atty., New York City, of counsel.

Landis, Feldman, Reilly & Akers, New York City, for defendants, by James M. Landis, New York City, of counsel.

IRVING R. KAUFMAN, District Judge.

In this consolidated action1 the United States seeks the return of sums paid to the defendants by the Department of Agriculture through the Commodity Credit Corporation, under authority purportedly granted by 7 U.S.C. A. § 1446(c). Plaintiff contends that such payments exceeded the authority granted the Secretary of Agriculture by the statute, and thus the government is entitled to repayment of the...

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